S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3598
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL, GOTTFRIED, STECK, HOOPER, ORTIZ, HEVE-
   SI  -- Multi-Sponsored by -- M. of A. ARROYO -- read once and referred
   to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   "New York end of life options act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 end of life options act".
   § 2. The public health law is amended by adding a new article 29-CCCCC
 to read as follows:
 
                             ARTICLE 29-CCCCC
                     NEW YORK END OF LIFE OPTIONS ACT
 
 SECTION 2994-AAA. DEFINITIONS.
         2994-BBB. RIGHT TO REQUEST AID-IN-DYING MEDICATION.
         2994-CCC. REQUEST PROCESS.
         2994-DDD. RIGHT  TO RESCIND REQUEST; REQUIREMENT TO OFFER OPPOR-
                     TUNITY TO RESCIND.
         2994-EEE. ATTENDING PHYSICIAN RESPONSIBILITIES.
         2994-FFF. DEATH CERTIFICATE.
         2994-GGG. CONSULTING PHYSICIAN CONFIRMATION.
         2994-HHH. COUNSELING REFERRAL.
         2994-III. INFORMED DECISION REQUIRED.
         2994-JJJ. FORM OF REQUEST.
         2994-KKK. STANDARD OF CARE.
         2994-LLL. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS  AND  STAT-
                     UTES.
         2994-MMM. INSURANCE OR ANNUITY POLICIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05456-01-7
              

 A. 3598                             2

         2994-NNN. IMMUNITIES; PROHIBITIONS ON CERTAIN HEALTHCARE PROVID-
                     ERS; NOTIFICATION; PERMISSIBLE SANCTIONS.
         2994-OOO. NON-SANCTIONABLE ACTIVITIES.
         2994-PPP. PENALTIES.
         2994-QQQ. SEVERABILITY.
   §  2994-AAA. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS
 AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADULT" MEANS AN INDIVIDUAL WHO IS EIGHTEEN YEARS OF AGE OR OLDER.
   2. "AID-IN-DYING MEDICATION" MEANS MEDICATION PRESCRIBED BY  A  PHYSI-
 CIAN TO A QUALIFIED INDIVIDUAL, WHICH THE PATIENT MAY CHOOSE TO SELF-AD-
 MINISTER  TO  BRING  ABOUT A PEACEFUL DEATH IF THEY FIND THEIR SUFFERING
 DUE TO A TERMINAL ILLNESS TO BE UNBEARABLE.
   3. "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY RESPONSI-
 BILITY FOR THE CARE OF AN INDIVIDUAL AND TREATMENT OF  THE  INDIVIDUAL'S
 TERMINAL ILLNESS.
   4.  "CAPACITY"  MEANS THAT IN THE OPINION OF AN INDIVIDUAL'S ATTENDING
 PHYSICIAN, CONSULTING PHYSICIAN, PSYCHIATRIST, OR PSYCHOLOGIST THE INDI-
 VIDUAL HAS THE ABILITY TO MAKE AND COMMUNICATE AN INFORMED  DECISION  TO
 HEALTHCARE  PROVIDERS, INCLUDING COMMUNICATION THROUGH A PERSON FAMILIAR
 WITH THE INDIVIDUAL'S MANNER OF COMMUNICATING IF THAT PERSON  IS  AVAIL-
 ABLE.
   5.  "CONSULTING  PHYSICIAN"  MEANS  A  PHYSICIAN  WHO  IS QUALIFIED BY
 SPECIALTY OR EXPERIENCE TO MAKE A PROFESSIONAL DIAGNOSIS  AND  PROGNOSIS
 REGARDING AN INDIVIDUAL'S ILLNESS.
   6.  "COUNSELING"  MEANS ONE OR MORE CONSULTATIONS AS NECESSARY BETWEEN
 AN INDIVIDUAL AND A PSYCHIATRIST OR PSYCHOLOGIST LICENSED IN THIS  STATE
 FOR  THE  PURPOSE OF DETERMINING THAT THE INDIVIDUAL IS COMPETENT AND IS
 NOT SUFFERING FROM A PSYCHIATRIC OR PSYCHOLOGICAL DISORDER OR DEPRESSION
 CAUSING IMPAIRED JUDGMENT.
   7. "HEALTHCARE PROVIDER" OR "PROVIDER" MEANS A PERSON LICENSED, CERTI-
 FIED, OR OTHERWISE AUTHORIZED OR PERMITTED BY LAW TO ADMINISTER  HEALTH-
 CARE  OR DISPENSE MEDICATION IN THE ORDINARY COURSE OF BUSINESS OR PRAC-
 TICE OF A  PROFESSION,  NURSE  PRACTITIONERS  AND  PHYSICIAN  ASSISTANTS
 NOTWITHSTANDING, AND INCLUDES A HEALTHCARE FACILITY.
   8. "INFORMED DECISION" MEANS A DECISION BY A TERMINALLY ILL INDIVIDUAL
 TO  REQUEST AND OBTAIN A PRESCRIPTION FOR MEDICATION THAT THE INDIVIDUAL
 MAY SELF-ADMINISTER TO END THE INDIVIDUAL'S LIFE THAT  IS  BASED  ON  AN
 UNDERSTANDING  AND ACKNOWLEDGMENT OF THE RELEVANT FACTS AND THAT IS MADE
 AFTER BEING FULLY INFORMED BY THE ATTENDING PHYSICIAN OF:
   (A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
   (B) THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE  MEDICATION  TO  BE
 PRESCRIBED;
   (C) THE PROBABLE RESULT OF TAKING THE MEDICATION TO BE PRESCRIBED;
   (D) THE POSSIBILITY THAT THEY MAY NOT CHOOSE TO OBTAIN THE MEDICATION,
 OR MAY OBTAIN THE MEDICATION BUT MAY DECIDE NOT TO TAKE IT; AND
   (E)  THE  FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
 INCLUDING BUT NOT LIMITED TO COMFORT CARE, HOSPICE CARE AND PAIN MANAGE-
 MENT.
   9. "MEDICALLY CONFIRMED" MEANS THE MEDICAL OPINION  OF  THE  ATTENDING
 PHYSICIAN  HAS BEEN CONFIRMED BY A CONSULTING PHYSICIAN WHO HAS EXAMINED
 THE INDIVIDUAL AND THE INDIVIDUAL'S RELEVANT MEDICAL RECORDS.
   10. "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY  LICENSED  TO
 PRACTICE MEDICINE IN THIS STATE.
   11.  "QUALIFIED  INDIVIDUAL"  MEANS  A TERMINALLY ILL ADULT POSSESSING
 CAPACITY WHO HAS SATISFIED THE REQUIREMENTS OF THIS ARTICLE.

 A. 3598                             3
 
   12. "SELF-ADMINISTER"  MEANS  A  QUALIFIED  INDIVIDUAL'S  AFFIRMATIVE,
 CONSCIOUS  ACT OF USING THE MEDICATION TO BRING ABOUT THEIR OWN PEACEFUL
 AND HUMANE DEATH.
   13.  "TERMINAL  ILLNESS"  MEANS  AN INCURABLE AND IRREVERSIBLE ILLNESS
 THAT HAS BEEN MEDICALLY CONFIRMED AND WILL,  WITHIN  REASONABLE  MEDICAL
 JUDGMENT, RESULT IN DEATH WITHIN SIX MONTHS.
   §  2994-BBB.  RIGHT TO REQUEST AID-IN-DYING MEDICATION. 1. A QUALIFIED
 INDIVIDUAL POSSESSING CAPACITY MAY MAKE A DOCUMENTED REQUEST TO  RECEIVE
 A PRESCRIPTION FOR AID-IN-DYING MEDICATION IF:
   (A)  THE  QUALIFIED  INDIVIDUAL'S ATTENDING PHYSICIAN AND A CONSULTING
 PHYSICIAN HAVE DETERMINED THE QUALIFIED INDIVIDUAL TO BE SUFFERING  FROM
 A TERMINAL ILLNESS; AND
   (B)  THE  QUALIFIED  INDIVIDUAL  HAS VOLUNTARILY EXPRESSED THE WISH TO
 RECEIVE A PRESCRIPTION FOR AID-IN-DYING MEDICATION.
   2. A PERSON MAY NOT QUALIFY UNDER THE PROVISIONS OF THIS ARTICLE SOLE-
 LY BECAUSE OF AGE OR DISABILITY.
   § 2994-CCC. REQUEST PROCESS. 1.  A  QUALIFIED  INDIVIDUAL  WISHING  TO
 RECEIVE  A  PRESCRIPTION  FOR  AID-IN-DYING  MEDICATION PURSUANT TO THIS
 ARTICLE SHALL SUBMIT A WRITTEN REQUEST AND MAKE AN ORAL REQUEST TO THEIR
 ATTENDING PHYSICIAN.
   2. A VALID WRITTEN REQUEST  FOR  AID-IN-DYING  MEDICATION  UNDER  THIS
 ARTICLE MUST BE:
   (A) IN SUBSTANTIALLY THE FORM DESCRIBED IN SECTION TWENTY-NINE HUNDRED
 NINETY-FOUR-JJJ OF THIS ARTICLE;
   (B)  SIGNED  AND DATED BY THE QUALIFIED INDIVIDUAL SEEKING THE MEDICA-
 TION; AND
   (C) WITNESSED BY AT LEAST TWO OTHER INDIVIDUALS WHO, IN  THE  PRESENCE
 OF  THE QUALIFIED INDIVIDUAL, ATTEST THAT TO THE BEST OF THEIR KNOWLEDGE
 AND BELIEF THE QUALIFIED INDIVIDUAL:
   (I) POSSESSES CAPACITY;
   (II) IS ACTING VOLUNTARILY; AND
   (III) IS NOT BEING COERCED TO SIGN THE REQUEST.
   3. ONE OF THE WITNESSES MUST BE AN INDIVIDUAL WHO IS NOT:
   (A)  RELATED  TO  THE  QUALIFIED  INDIVIDUAL  BY  BLOOD,  MARRIAGE  OR
 ADOPTION;
   (B)  AT THE TIME THE REQUEST IS SIGNED, ENTITLED TO ANY PORTION OF THE
 QUALIFIED INDIVIDUAL'S ESTATE UPON DEATH  OF  THE  QUALIFIED  INDIVIDUAL
 UNDER A WILL OR ANY OPERATION OF LAW; OR
   (C) AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTHCARE FACILITY WHERE THE
 QUALIFIED  INDIVIDUAL IS RECEIVING MEDICAL TREATMENT OR WHERE THE QUALI-
 FIED INDIVIDUAL RESIDES.
   4. NEITHER THE QUALIFIED  INDIVIDUAL'S  ATTENDING  PHYSICIAN  NOR  ANY
 CONSULTING  PHYSICIAN  MAY  BE  A  WITNESS  TO  THE SIGNING OF A WRITTEN
 REQUEST.
   § 2994-DDD. RIGHT TO RESCIND REQUEST; REQUIREMENT TO OFFER OPPORTUNITY
 TO RESCIND. 1.  A QUALIFIED INDIVIDUAL MAY AT  ANY  TIME  RESCIND  THEIR
 REQUEST  FOR  AID-IN-DYING  MEDICATION  WITHOUT  REGARD TO THE QUALIFIED
 INDIVIDUAL'S MENTAL STATE.
   2. A PRESCRIPTION FOR AID-IN-DYING MEDICATION UNDER THIS  ARTICLE  MAY
 NOT  BE  WRITTEN  WITHOUT THE ATTENDING PHYSICIAN OFFERING THE QUALIFIED
 INDIVIDUAL AN OPPORTUNITY TO RESCIND THE REQUEST.
   § 2994-EEE. ATTENDING PHYSICIAN RESPONSIBILITIES. THE ATTENDING PHYSI-
 CIAN SHALL:
   1. MAKE THE INITIAL DETERMINATION OF WHETHER AN ADULT MAKING A REQUEST
 UNDER THIS ARTICLE:
   (A) HAS CAPACITY;

 A. 3598                             4
 
   (B) HAS A TERMINAL ILLNESS; AND
   (C)  HAS  VOLUNTARILY  MADE  THE  REQUEST  FOR AID-IN-DYING MEDICATION
 PURSUANT TO THIS ARTICLE;
   2. ENSURE TO THE GREATEST  DEGREE  POSSIBLE  THAT  THE  INDIVIDUAL  IS
 MAKING AN INFORMED DECISION BY DISCUSSING WITH THE INDIVIDUAL:
   (A) THE INDIVIDUAL'S MEDICAL DIAGNOSIS AND PROGNOSIS;
   (B)  THE POTENTIAL RISKS ASSOCIATED WITH TAKING THE AID-IN-DYING MEDI-
 CATION TO BE PRESCRIBED;
   (C) THE PROBABLE RESULT OF TAKING THE AID-IN-DYING  MEDICATION  TO  BE
 PRESCRIBED;
   (D) THE POSSIBILITY THAT THEY CAN CHOOSE TO OBTAIN THE MEDICATION, BUT
 NOT TAKE IT; AND
   (E)  THE  FEASIBLE ALTERNATIVES OR ADDITIONAL TREATMENT OPPORTUNITIES,
 INCLUDING BUT NOT LIMITED  TO  COMFORT  CARE,  HOSPICE  CARE,  AND  PAIN
 MANAGEMENT;
   3.  REFER THE INDIVIDUAL TO A CONSULTING PHYSICIAN FOR MEDICAL CONFIR-
 MATION OF THE DIAGNOSIS, AND FOR A  DETERMINATION  THAT  THE  INDIVIDUAL
 POSSESSES CAPACITY AND IS ACTING VOLUNTARILY;
   4.  REFER  THE  INDIVIDUAL  TO COUNSELING, IF APPROPRIATE, PURSUANT TO
 SECTION TWENTY-NINE HUNDRED NINETY-FOUR-HHH OF THIS ARTICLE;
   5. ENSURE TO  THE  GREATEST  DEGREE  POSSIBLE  THAT  THE  INDIVIDUAL'S
 REQUEST  DOES  NOT  ARISE  FROM  COERCION  OR UNDUE INFLUENCE BY ANOTHER
 PERSON;
   6. COUNSEL THE INDIVIDUAL ABOUT THE IMPORTANCE OF:
   (A) HAVING ANOTHER PERSON PRESENT  WHEN  THEY  TAKE  THE  AID-IN-DYING
 MEDICATION PRESCRIBED PURSUANT TO THIS ARTICLE; AND
   (B) NOT TAKING THE AID-IN-DYING MEDICATION IN A PUBLIC PLACE;
   7. INFORM THE INDIVIDUAL THAT THEY MAY RESCIND THE REQUEST FOR AID-IN-
 DYING MEDICATION AT ANY TIME AND IN ANY MANNER;
   8.  OFFER  THE  INDIVIDUAL  AN  OPPORTUNITY TO RESCIND THE REQUEST FOR
 MEDICATION BEFORE PRESCRIBING THE AID-IN-DYING MEDICATION;
   9. VERIFY, IMMEDIATELY PRIOR TO WRITING THE PRESCRIPTION  FOR  MEDICA-
 TION, THAT THE INDIVIDUAL IS MAKING AN INFORMED DECISION;
   10.  ENSURE  THAT  ALL APPROPRIATE STEPS ARE CARRIED OUT IN ACCORDANCE
 WITH THIS ARTICLE BEFORE WRITING A PRESCRIPTION FOR AID-IN-DYING MEDICA-
 TION; AND
   11. PRESCRIBE AID-IN-DYING MEDICATION BY, WITH THE QUALIFIED  INDIVID-
 UAL'S WRITTEN CONSENT, CONTACTING A PHARMACIST, INFORMING THE PHARMACIST
 OF  THE  PRESCRIPTION,  AND  FORWARDING  THE WRITTEN PRESCRIPTION TO THE
 PHARMACIST, WHO SHALL DISPENSE THE MEDICATIONS TO EITHER  THE  QUALIFIED
 INDIVIDUAL OR A PERSON EXPRESSLY DESIGNATED BY THE QUALIFIED INDIVIDUAL.
   §  2994-FFF. DEATH CERTIFICATE. 1. UNLESS OTHERWISE PROHIBITED BY LAW,
 THE ATTENDING  PHYSICIAN  MAY  SIGN  THE  QUALIFIED  INDIVIDUAL'S  DEATH
 CERTIFICATE.
   2. THE CAUSE OF DEATH LISTED ON A QUALIFIED INDIVIDUAL'S DEATH CERTIF-
 ICATE  WHO  USES AID-IN-DYING MEDICATION WILL BE THE UNDERLYING TERMINAL
 ILLNESS.
   § 2994-GGG. CONSULTING PHYSICIAN CONFIRMATION.  BEFORE  A  PATIENT  IS
 QUALIFIED  UNDER  THE PROVISIONS OF THIS ARTICLE, A CONSULTING PHYSICIAN
 SHALL EXAMINE THE PATIENT AND HIS OR HER RELEVANT  MEDICAL  RECORDS  AND
 CONFIRM,  IN  WRITING,  THE  ATTENDING  PHYSICIAN'S  DIAGNOSIS  THAT THE
 PATIENT IS SUFFERING FROM  A  TERMINAL  DISEASE,  AND  VERIFY  THAT  THE
 PATIENT IS CAPABLE, IS ACTING VOLUNTARILY AND HAS MADE AN INFORMED DECI-
 SION.
   §  2994-HHH.  COUNSELING  REFERRAL. IF IN THE OPINION OF THE ATTENDING
 PHYSICIAN OR THE CONSULTING PHYSICIAN AN  INDIVIDUAL  MAY  BE  SUFFERING

 A. 3598                             5
 
 FROM  A  PSYCHIATRIC  OR  PSYCHOLOGICAL  DISORDER  OR DEPRESSION CAUSING
 IMPAIRED JUDGMENT, EITHER PHYSICIAN SHALL REFER THE  PATIENT  FOR  COUN-
 SELING.  NO AID-IN-DYING MEDICATION SHALL BE PRESCRIBED UNTIL THE PERSON
 PERFORMING  THE  COUNSELING DETERMINES THAT THE PATIENT IS NOT SUFFERING
 FROM A PSYCHIATRIC  OR  PSYCHOLOGICAL  DISORDER  OR  DEPRESSION  CAUSING
 IMPAIRED JUDGMENT.
   §  2994-III. INFORMED DECISION REQUIRED. AN INDIVIDUAL MAY NOT RECEIVE
 A PRESCRIPTION FOR AID-IN-DYING  MEDICATION  PURSUANT  TO  THIS  ARTICLE
 UNLESS THEY HAVE MADE AN INFORMED DECISION AS DEFINED IN THIS ARTICLE.
   §  2994-JJJ. FORM OF REQUEST. 1. A REQUEST FOR AID-IN-DYING MEDICATION
 AS AUTHORIZED BY THIS ARTICLE MUST BE  IN  SUBSTANTIALLY  THE  FOLLOWING
 FORM:
 
                   REQUEST FOR MEDICATION TO END MY LIFE
                     IN A HUMANE AND DIGNIFIED MANNER
 
   I, _________________________________, AM AN ADULT OF SOUND MIND.
 I AM SUFFERING FROM ______________________________________________,
 WHICH MY ATTENDING PHYSICIAN HAS DETERMINED IS IN ITS TERMINAL PHASE AND
 WHICH HAS BEEN MEDICALLY CONFIRMED.
   I  HAVE  BEEN FULLY INFORMED OF MY DIAGNOSIS AND PROGNOSIS, THE NATURE
 OF THE AID-IN-DYING MEDICATION TO BE PRESCRIBED AND POTENTIAL ASSOCIATED
 RISKS, THE EXPECTED RESULT, AND THE FEASIBLE ALTERNATIVES OR  ADDITIONAL
 TREATMENT  OPPORTUNITIES  INCLUDING  COMFORT CARE, HOSPICE CARE AND PAIN
 MANAGEMENT.
   I REQUEST THAT MY ATTENDING PHYSICIAN PRESCRIBE MEDICATION  THAT  WILL
 END MY LIFE IN A HUMANE AND DIGNIFIED MANNER IF I CHOOSE TO TAKE IT, AND
 I  AUTHORIZE  MY  ATTENDING PHYSICIAN TO CONTACT ANY PHARMACIST ABOUT MY
 REQUEST.
 INITIAL ONE:
       I HAVE INFORMED MY FAMILY OF MY DECISION AND TAKEN THEIR  OPINIONS
 INTO CONSIDERATION.
       I HAVE DECIDED NOT TO INFORM MY FAMILY OF MY DECISION.
       I HAVE NO FAMILY TO INFORM OF MY DECISION.
   I  UNDERSTAND  THAT  I  HAVE  THE RIGHT TO RESCIND THIS REQUEST AT ANY
 TIME.
   I UNDERSTAND THE FULL IMPORT OF THIS REQUEST, AND I EXPECT TO DIE IF I
 TAKE THE AID-IN-DYING MEDICATION TO BE PRESCRIBED. I FURTHER  UNDERSTAND
 THAT  ALTHOUGH  MOST  DEATHS OCCUR WITHIN THREE HOURS, MY DEATH MAY TAKE
 LONGER, AND MY ATTENDING PHYSICIAN HAS COUNSELED ME ABOUT THIS POSSIBIL-
 ITY.
   I MAKE THIS REQUEST VOLUNTARILY AND WITHOUT RESERVATION, AND I  ACCEPT
 FULL MORAL RESPONSIBILITY FOR MY ACTIONS.
 SIGNED: ___________________
 DATED: ___________________
   2. PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-NINE
 HUNDRED  NINETY-FOUR-CCC  OF  THIS  ARTICLE,  EACH WITNESS MUST COMPLETE
 DOCUMENTATION IN SUBSTANTIALLY THE FOLLOWING FORM:
 
                         DECLARATION OF WITNESSES
 
   WE DECLARE THAT THE PERSON SIGNING THIS REQUEST:
   (A) IS PERSONALLY KNOWN TO US OR HAS PROVIDED PROOF OF IDENTITY;
   (B) SIGNED THIS REQUEST IN OUR PRESENCE;
   (C) IS AN INDIVIDUAL WHOM WE BELIEVE TO BE OF SOUND MIND AND NOT UNDER
 DURESS, FRAUD, OR UNDUE INFLUENCE; AND

 A. 3598                             6
 
   (D) IS NOT AN INDIVIDUAL FOR WHOM EITHER OF US IS THE ATTENDING PHYSI-
 CIAN.
   ______________________ WITNESS 1, DATE: _______
   ______________________ WITNESS 2, DATE: _______
   NOTE:  ONE  WITNESS  MAY  NOT  BE  A  RELATIVE  (BY BLOOD, MARRIAGE OR
 ADOPTION) OF THE PERSON SIGNING THIS REQUEST, MAY NOT BE ENTITLED TO ANY
 PORTION OF THE PERSON'S ESTATE UPON DEATH, AND MAY NOT OWN, OPERATE,  OR
 BE  EMPLOYED  AT  A HEALTHCARE FACILITY WHERE THE PERSON IS A PATIENT OR
 WHERE THE PERSON RESIDES.
   § 2994-KKK. STANDARD OF CARE. PHYSICIANS AND MEDICAL  PERSONNEL  SHALL
 PROVIDE  MEDICAL  SERVICES  UNDER THIS ARTICLE THAT MEET THE STANDARD OF
 CARE FOR END OF LIFE MEDICAL CARE.
   § 2994-LLL. EFFECT ON CONSTRUCTION OF WILLS, CONTRACTS  AND  STATUTES.
 1.  A  PROVISION IN A CONTRACT, WILL OR OTHER AGREEMENT, WHETHER WRITTEN
 OR ORAL, TO THE EXTENT THE PROVISION WOULD AFFECT WHETHER A  PERSON  MAY
 MAKE OR RESCIND A REQUEST FOR AID-IN-DYING MEDICATION, IS NOT VALID.
   2.  AN  OBLIGATION OWING UNDER ANY CURRENTLY EXISTING CONTRACT MAY NOT
 BE CONDITIONED OR AFFECTED BY  AN  INDIVIDUAL  MAKING  OR  RESCINDING  A
 REQUEST FOR AID-IN-DYING MEDICATION.
   § 2994-MMM. INSURANCE OR ANNUITY POLICIES. 1. THE SALE, PROCUREMENT OR
 ISSUANCE  OF  A LIFE, HEALTH OR ACCIDENT INSURANCE OR ANNUITY POLICY, OR
 THE RATE CHARGED FOR A POLICY MAY NOT BE CONDITIONED UPON OR AFFECTED BY
 A PERSON MAKING OR RESCINDING A REQUEST FOR AID-IN-DYING MEDICATION.
   2. A QUALIFIED INDIVIDUAL'S  ACT  OF  SELF-ADMINISTERING  AID-IN-DYING
 MEDICATION  MAY  NOT  HAVE  AN  EFFECT  UPON A LIFE, HEALTH, OR ACCIDENT
 INSURANCE OR ANNUITY POLICY OTHER THAN THAT OF A NATURAL DEATH FROM  THE
 UNDERLYING ILLNESS.
   §  2994-NNN. IMMUNITIES; PROHIBITIONS ON CERTAIN HEALTHCARE PROVIDERS;
 NOTIFICATION; PERMISSIBLE SANCTIONS. 1. A PERSON IS NOT SUBJECT TO CIVIL
 OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY  ACTION  FOR  PARTIC-
 IPATING  IN  GOOD FAITH COMPLIANCE WITH THIS ARTICLE, INCLUDING AN INDI-
 VIDUAL WHO IS PRESENT WHEN A QUALIFIED INDIVIDUAL  SELF-ADMINISTERS  THE
 PRESCRIBED AID-IN-DYING MEDICATION.
   2.  A  HEALTHCARE PROVIDER OR PROFESSIONAL ORGANIZATION OR ASSOCIATION
 MAY NOT SUBJECT AN INDIVIDUAL TO CENSURE, DISCIPLINE,  SUSPENSION,  LOSS
 OF  LICENSE, LOSS OF PRIVILEGES, LOSS OF MEMBERSHIP OR OTHER PENALTY FOR
 PARTICIPATING OR REFUSING TO PARTICIPATE IN GOOD FAITH  COMPLIANCE  WITH
 THIS ARTICLE.
   3.  A REQUEST BY AN INDIVIDUAL FOR OR PROVISION BY AN ATTENDING PHYSI-
 CIAN OF MEDICATION IN GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF  THIS
 ARTICLE  DOES  NOT  CONSTITUTE NEGLECT OR ELDER ABUSE FOR ANY PURPOSE OF
 LAW, OR PROVIDE THE SOLE BASIS FOR THE  APPOINTMENT  OF  A  GUARDIAN  OR
 CONSERVATOR.
   4.  A HEALTHCARE PROVIDER MAY CHOOSE WHETHER TO PARTICIPATE IN PROVID-
 ING AID-IN-DYING MEDICATION TO A QUALIFIED INDIVIDUAL PURSUANT  TO  THIS
 ARTICLE. IF A HEALTHCARE PROVIDER IS UNABLE OR UNWILLING TO CARRY OUT AN
 INDIVIDUAL'S  REQUEST  UNDER  THIS  ARTICLE AND THE INDIVIDUAL TRANSFERS
 CARE TO A NEW HEALTHCARE PROVIDER, THE PRIOR HEALTHCARE  PROVIDER  SHALL
 TRANSFER,  UPON  REQUEST,  A  COPY  OF THE INDIVIDUAL'S RELEVANT MEDICAL
 RECORDS TO THE NEW HEALTHCARE PROVIDER.
   5. NOTHING IN THIS SECTION SHALL PREVENT A  HEALTHCARE  PROVIDER  FROM
 PROVIDING  AN INDIVIDUAL WITH HEALTHCARE SERVICES THAT DO NOT CONSTITUTE
 PARTICIPATION IN THIS ARTICLE.
   § 2994-OOO. NON-SANCTIONABLE ACTIVITIES. A HEALTHCARE PROVIDER MAY NOT
 BE SANCTIONED FOR:

 A. 3598                             7
 
   1. MAKING AN INITIAL DETERMINATION THAT AN INDIVIDUAL HAS  A  TERMINAL
 ILLNESS AND INFORMING THEM OF THE MEDICAL PROGNOSIS;
   2. PROVIDING INFORMATION ABOUT THE NEW YORK END OF LIFE OPTIONS ACT TO
 A PATIENT UPON THE REQUEST OF THE INDIVIDUAL;
   3.  PROVIDING  AN INDIVIDUAL, UPON REQUEST, WITH A REFERRAL TO ANOTHER
 PHYSICIAN; OR
   4. CONTRACTING WITH AN INDIVIDUAL TO ACT OUTSIDE THE COURSE AND  SCOPE
 OF THE PROVIDER'S CAPACITY AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR OF A
 HEALTHCARE PROVIDER THAT PROHIBITS ACTIVITIES UNDER THIS ARTICLE.
   §  2994-PPP.  PENALTIES.  1. A PERSON WHO WITHOUT AUTHORIZATION OF THE
 QUALIFIED INDIVIDUAL WILLFULLY ALTERS OR FORGES A REQUEST FOR MEDICATION
 OR CONCEALS OR DESTROYS A RESCISSION OF THAT REQUEST WITH THE INTENT  OR
 EFFECT  OF CAUSING THE QUALIFIED INDIVIDUAL'S DEATH IS GUILTY OF A CLASS
 A FELONY.
   2. A PERSON WHO COERCES OR EXERTS UNDUE INFLUENCE ON A QUALIFIED INDI-
 VIDUAL TO REQUEST MEDICATION TO END THE QUALIFIED INDIVIDUAL'S LIFE,  OR
 TO DESTROY A RESCISSION OF A REQUEST, IS GUILTY OF A CLASS A FELONY.
   3.  EXCEPT AS PROVIDED IN SUBDIVISIONS ONE AND TWO OF THIS SECTION, IT
 SHALL BE A CLASS A MISDEMEANOR FOR A PERSON WITHOUT AUTHORIZATION OF THE
 INDIVIDUAL TO WILLFULLY ALTER, FORGE, CONCEAL OR DESTROY AN  INSTRUMENT,
 THE  REINSTATEMENT OR REVOCATION OF AN INSTRUMENT, OR ANY OTHER EVIDENCE
 OR DOCUMENT REFLECTING THE INDIVIDUAL'S DESIRES AND INTERESTS  WITH  THE
 INTENT OR EFFECT OF AFFECTING A HEALTHCARE DECISION.
   4.  THIS  ARTICLE  DOES  NOT LIMIT FURTHER LIABILITY FOR CIVIL DAMAGES
 RESULTING FROM OTHER NEGLIGENT CONDUCT OR INTENTIONAL MISCONDUCT BY  ANY
 PERSON.
   5.  THE  PENALTIES  IN THIS ARTICLE DO NOT PRECLUDE CRIMINAL PENALTIES
 APPLICABLE UNDER OTHER PROVISIONS OF LAW FOR CONDUCT THAT IS  INCONSIST-
 ENT WITH THIS ARTICLE.
   §  2994-QQQ. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION
 OR PART OF THIS ARTICLE SHALL BE ADJUDGED  BY  ANY  COURT  OF  COMPETENT
 JURISDICTION  TO  BE  INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR  PART  THEREOF,  DIRECTLY
 INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
 RENDERED.
   § 3. This act shall take effect on the ninetieth day  next  succeeding
 the date upon which it shall have become a law.